LAWS(P&H)-2014-1-498

BALWANT SINGH Vs. HARJEET KAUR

Decided On January 13, 2014
BALWANT SINGH Appellant
V/S
HARJEET KAUR Respondents

JUDGEMENT

(1.) THE epitome of the facts and material, which requires to be noticed for the limited purpose of deciding the core controversy, involved in the instant revision petition and emanating from the record, is that initially, Jagdev Singh son of Bhan Singh (since deceased), being represented by Harjit Kaur, widow and her children respondent -plaintiffs (for brevity "the original plaintiff"), had instituted the civil suit (Annexure P2) for a decree of permanent injunction, restraining petitioner -defendants Balwant Singh and Gurdial Singh (for short "the defendants") from interfering in their peaceful possession of the land in dispute. Along with the suit, he had also filed an application for ad interim injunction under Order 39 Rules 1 & 2 read with Section 151 CPC. The defendants contested their claim, filed written statement (Annexure P5) and reply to the injunction application stoutly denying all the allegations contained in it and prayed for their dismissal.

(2.) TAKING into consideration the entire material on record, the trial Court accepted the injunction application of original plaintiff and restrained the defendants from interfering in his peaceful possession over the property in dispute, by way of impugned order dated 9.5.2011 (Annexure P6).

(3.) AGGRIEVED thereby, the appeal filed by the defendants was dismissed as well, by the appellate Court, by virtue of impugned judgment dated 21.11.2013 (Annexure P7).